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Incorrect allegation of theft of a Cadillac results in a ten-year sentence



A grand jury indicted J.B. Black for insurance fraud. Following his innocent plea, the case was tried by a jury, which found Black guilty. The trial court sentenced Black to ten years in prison. Following his conviction, Black appealed, making several allegations that the court erred and J.B. Black v. State of Texas NO. 01-20-00178-CR, Court of Appeals for the First District of Texas (July 13, 2021) mentioned the Court of Appeal to keep Black out of jail.

BACKGROUND

Black bought a 2015 Cadillac Escalade for $ 98,860.24. He insured it with the USAA and filed a claim after reporting his stolen vehicle.

The Grand Jury accused JB Black on or about April 4, 2016, claiming that he did so illegally, with intent to defraud and defraud an insurance company, and in support of an allegation present and reason to make a statement that the defendant knew that it contained false and misleading material information, namely that the defendant's Cadillac Escalade was stolen on 23 March 2016, and that the allegation of a false claim was presented to an insurance company USAA.

Harris County Sheriff & # 39 ;s Office Vice R. Parker testified that he responded to a vehicle recycling call the same day. He arrived at the address that Black had given to Assistant Horace. Black told Assistant Parker that he had tracked his vehicle to this location. Black used a key fob he had in his hand to either activate the horn or start the engine. Assistant Parker testified that he could not see the vehicle in the garage, but he "heard something." Assistant Parker went to the front door of the house and knocked on the door, but no one answered. He asked Black to return home later. Deputy Parker intended to meet with the homeowner and further investigate the theft.

The United States assigned Barbier as the lead investigator in Black's case. Barbier testified that Black called USAA and added Cadillac Escalade to his car insurance at 17.41. the day he reported it stolen to the Sheriff & # 39 ;s Office. The police came into force the next day.

Barbier testified that he suspected that Black had made a false statement to the USAA because Black reported that his car was stolen the day before he insured it and that the date of the theft is a significant factor in determining insurance claims. He also testified that the USAA did not pay its insurance claim after its investigation because Black's vehicle was uninsured at the time of the reported theft.

The jury found Black guilty of insurance fraud alleged in the indictment. The trial court sentenced the Texas Department of Criminal Justice to 10 years in prison.

MOVEMENT TO PRESCRIB

Black claims that the trial court erred in denying his motion to dismiss the indictment because the charge was vague

APPLICABLE LAW

An indictment that sufficiently traces the "statutory law" The accused can move to set aside a vague or indefinite charge. The trial court may, however, reject a request to set aside a charge if the accused was informed of the State's theory against which he would have to defend

ANALYSIS

A person commits insurance fraud 'if, with intent to defraud or defraud an insurance company, the person, in support of a claim for payment under an insurance policy (1) prepares or may prepare a statement which: (A) the person knows contains false or misleading material information; and (B) presented to an insurance company; or (2) presents or may present to an insurance company a statement that the person knows contains false or misleading material information. "[TEX. PENAL CODE § 35.02(a).]

The clear language in section 35.01 (2) of the Penal Code defines" insurer "by the definition of the insurance code that" insurance company… Conducts insurance business in this state. "[TEX. INS. CODE § 560.001.]

Black had enough notice of the allegation of the crime in the indictment and the state theory of the case against him, including the identity of the alleged deceived insurer.

The Penal Code assigns the "insurer" the definition in the insurance code, and that definition is now in another section. insurer "as" a person conducting insurance business in this state ", traces the charter. It did not serve as an erroneous comment on the weight of the evidence. error because the evidence showed that in Texas the quality of insurance fraud is regrettably insufficient tt buy an insurance the day after reporting the theft and claim the next day is stupid. After the insurer discovered that the insurance was not valid on the day the car was allegedly stolen, it is stupid. Appealing the verdict with such overwhelming evidence of fraud is contagious. The Texas Court of Appeals wasted a lot of time overriding all Black arguments were honorable but unnecessary. Blacks should enjoy their stay at the gray bar hotel.


© 2021 – Barry Zalma Barry Zalma, Esq., CFE, now limits his practice to employment as an insurance consultant specializing in insurance coverage, insurance management, insurance fraud and insurance fraud almost equally for insurers and insurers.

He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 54 years in the insurance industry.

He is available at http://www.zalma.com and zalma@zalma.com. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award. For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claims staff to become professionals in insurance claims.

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Zalma on Twitter at https://twitter.com/bzalma ; Go to Barry Zalma videos on Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the library for insurance claims – https://zalma.com/blog/insurance-claims- [195659024] bibliotek / Read posts from Barry Zalma at https://parler.com/profile / Hymn / post; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/ podcast now available at https://podcasts.apple.com/us/podcast/zalma-on -insurance / id1509583809? uo = 4


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